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Bill Amendments

S4842 - Details

S4842 - Summary

Directs the commissioner of DEC to remove peregrine falcons from the endangered species list and to promulgate regulations for their use in falconry.

S4842 - Sponsor Memo

BILL NUMBER:S4842
TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to falconry
PURPOSE OR GENERAL IDEA OF BILL:
Includes properly banded peregrine falcons which are the progeny of
birds lawfully acquired prior to 1978 within the definition of raptors.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends section 11-1001 of the environmental conservation
law as added by chapter 825 of the laws of 1973, subdivision 1 as
amended by chapter 325 of the laws of 1989 to include properly banded
peregrine falcons which are the progeny of birds lawfully acquired
prior to 1978 within the definition of raptors.
Section 2. Effective date.
JUSTIFICATION:
Current law prohibits the use of birds listed on the New York State
"endangered species" list or "threatened species" list from being
involved in the hunting practice of falconry. This legislation would
exempt properly banded peregrine falcons which are the progeny of
birds lawfully acquired prior to 1978 from this ban.

S T A T E O F N E W Y O R K
________________________________________________________________________
4842
2011-2012 Regular Sessions
I N S E N A T E
April 27, 2011
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
falconry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 11-1001 of the environmental conservation law, as
added by chapter 825 of the laws of 1973, subdivision 1 as amended by
chapter 325 of the laws of 1989, is amended to read as follows:
S 11-1001. Definitions.
(1) "Raptors" means all species of the orders Strigiformes and Falco-
niformes and shall include but not be limited to falcons, hawks, owls
and eagles except the golden eagle (Aquila chrysaetor) and bald eagle
(Haliaetus leucocephalus) and all birds listed as endangered or threat-
ened pursuant to section 11-0535 of this article. [However, properly
banded peregrine falcons which are the progeny of birds lawfully
acquired prior to 1978 are raptors within the meaning of this section. ]
(2) "Falconry" means the sport of hunting by the use of trained
raptors and includes the training, feeding and handling of such birds
and their recapture after being released for hunting or training.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11080-01-1

S4842A - Details

S4842A - Summary

Directs the commissioner of DEC to remove peregrine falcons from the endangered species list and to promulgate regulations for their use in falconry.

S4842A - Sponsor Memo

BILL NUMBER:S4842A
TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to peregrine
falcons; and providing for the repeal of such provisions upon
expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
Removes the Peregrine Falcon from the New York State Endangered
Species list and authorizes the Commissioner of the New York State
Department of Environmental Conservation (DEC) to promulgate rules and
regulations to allow for the use of wild-captured peregrine falcons
for falconry.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Section 11-0303 of the environmental conservation
law to add new subdivisions 4 and 5 which require the commissioner of
DEC to remove the Peregrine Falcon from the New York State Endangered
Species list and not list it on the New York State Threatened Species
list. It also authorizes the commissioner of the DEC to promulgate
rules and regulations, after consultation with the New York State
Falconry Association, to allow for the use of wild-captured peregrine
falcons for falconry
Section 2. Effective date.

JUSTIFICATION:
Current law prohibits the use of birds listed on the New York State
"endangered species" list or "threatened species" list from being
involved in the hunting practice of falconry. This legislation would
remove the Peregrine Falcon from the New York State Endangered
Species list and require that it not be listed on the New York State
Threatened Species list.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately and shall expire and be deemed
repealed 10 years after such effective date.

S T A T E O F N E W Y O R K
________________________________________________________________________
4842--A
2011-2012 Regular Sessions
I N S E N A T E
April 27, 2011
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
peregrine falcons; and providing for the repeal of such provisions
upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 11-0303 of the environmental conservation law is
amended by adding two new subdivisions 4 and 5 to read as follows:
4. THE COMMISSIONER SHALL REMOVE THE PEREGRINE FALCON FROM THE NEW
YORK STATE ENDANGERED SPECIES LIST AND SHALL NOT LIST THE PEREGRINE
FALCON ON THE THREATENED SPECIES LIST.
5. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS TO ALLOW THE
USE OF WILD-CAPTURED PEREGRINE FALCONS FOR FALCONRY UNDER SUCH TERMS AND
CONDITIONS AS THE COMMISSIONER, AFTER CONSULTING WITH THE NEW YORK STATE
FALCONRY ASSOCIATION, DEEMS REASONABLE.
S 2. This act shall take effect immediately and shall expire and be
deemed repealed 10 years after such effective date.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11080-03-1

S4842B (ACTIVE) - Details

S4842B (ACTIVE) - Summary

Directs the commissioner of DEC to remove peregrine falcons from the endangered species list and to promulgate regulations for their use in falconry.

S4842B (ACTIVE) - Sponsor Memo

BILL NUMBER:S4842B REVISED 05/02/12
TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to falconry
PURPOSE OR GENERAL IDEA OF BILL:
Amends the definition of raptors to include lawfully acquired golden
eagles and peregrine falcons and their progeny.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends section 11-1001 of the environmental conservation
law as added by chapter 825 of the laws of 1973, subdivision 1 as
amended by chapter 325 of the laws of 1989 to include lawfully
acquired golden eagles, peregrine falcons and their progeny within
the definition of raptors for the purpose of falconry.
Section 2. Effective date.
JUSTIFICATION:
Current law prohibits the use of birds listed on the New York State
"endangered species" list or "threatened species" list from being
involved in the hunting practice of falconry. Currently, the Golden
Eagle and the Peregrine Falcon are on the New York State Endangered
Species list. However, neither species is listed on the Federal
Endangered Species List, and several states allow for their lawful

acquisition. Thus, even though they may be lawfully acquired
elsewhere and brought into New York for use in falconry, these birds
would be currently ineligible for use in falconry in New York State.
PRIOR LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.

S T A T E O F N E W Y O R K
________________________________________________________________________
4842--B
2011-2012 Regular Sessions
I N S E N A T E
April 27, 2011
___________
Introduced by Sen. BONACIC -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- recommitted to the Committee on
Environmental Conservation in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to
falconry
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 11-1001 of the environmental conservation law, as
added by chapter 825 of the laws of 1973, subdivision 1 as amended by
chapter 325 of the laws of 1989, is amended to read as follows:
S 11-1001. Definitions.
(1) "Raptors" means all species of the orders Strigiformes and Falco-
niformes and shall include but not be limited to falcons, hawks, owls
and eagles except the golden eagle (Aquila chrysaetor) and bald eagle
(Haliaetus leucocephalus) and all birds listed as endangered or threat-
ened pursuant to section 11-0535 of this article. However, [properly
banded peregrine falcons which are the progeny of birds lawfully
acquired prior to 1978 are] LAWFULLY ACQUIRED GOLDEN EAGLES, PEREGRINE
FALCONS, AND THEIR PROGENY ARE raptors within the meaning of this
section.
(2) "Falconry" means the sport of hunting by the use of trained
raptors and includes the training, feeding and handling of such birds
and their recapture after being released for hunting or training.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11080-04-2

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